Government Contracts

The Federal Acquisition Regulation (“FAR”) is a set of regulations that sets forth the rules that the Government has to follow to acquire goods and services with procurement contracts. The FAR was first issued on April 1, 1984 and has developed significantly over the years. It is now issued under joint authority of the...

The 7th Circuit set a new standard for the government dismissal of a whistleblower False Claims Act (“FCA”) case. This case involves a “qui tam” suit, which is brought under the FCA. In a qui tam suit, a person can be financially rewarded if he or she assists the government in recovering funds that...

The plaintiff in this case alleges that Dell violated the False Claims Act (“FCA”) by knowingly selling a large number of computers to the United States government, which contain undisclosed security vulnerabilities. Dell moved to dismiss the case for failure to state a claim, which the court granted and dismissed the complaint. Although there...

The United States Court of Appeals for the Federal Circuit overturned a Court of Federal Claims decision, stating that the trial court incorrectly ruled that a company had waived its right to challenge an error in a solicitation. The lower court based its ruling on its interpretation of Blue & Gold Fleet, L.P. v....

On October 16, 2020, the U.S. Small Business Administration (“SBA”) published its final rule merging the 8 (a) Business Development Mentor-Protégé Program and the All Small Mentor-Protégé Program to eliminate confusion and remove unnecessary duplication of functions within the SBA.   This is part of a government-wide regulatory reform initiative to review regulations and determine...

In the Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164,  the Armed Services Board of Contract Appeals (the “Board”) recently denied a Government motion to dismiss holding that once the Board was vested with jurisdiction, the contracting officer could not divest it of jurisdiction by his unilateral action of withdrawing the contracting officer’s final...